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Akhilesh Kumar Yadav v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 165 of 2006  RD-AH 389 (6 January 2006)
Court No. 19
Crl. Misc. Bail Application No.165 of 2006
Akhilesh Kumar Yadav .....Vs.....State of U.P.
Hon'ble Alok Kumar Singh, J.
Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.
The applicant Akhilesh Kumar Yadav is involved in case crime No.975 of 2005, for the offence under Sections 302/201, I.P.C., Police Station Kotwali, district Mau.
The report was lodged at police Station Kotwali district Mau on 23.3.2005 about missing of the deceased (annexure-1). Thereafter the dead body was found and a report was lodged against unknown persons on 25.3.2005. In the post mortem report the cause of death is mentioned as coma and anti mortem injuries. One contusion swelling and two contusion are mentioned in the injuries.
In respect of genuineness of the prosecution case, proposed evidence and involvement of the accused, it was argued that the entire case is based on circumstantial evidence. The evidence of last seen is depend upon sole statement of one Amzad Ali who had seen the deceased boarding the TATA Sumo in question. But his statement was recorded very late on 26.9.2005 i.e. after about 2 months of the statement recorded by the concerned police officer on 27.7.2005 before whom the accused Arshad who has made confessional statement. It was emphasized that such confessional statement has no value. It was also pointed out that the rejection order mentioned about the identification of the accused and the police station which has also not significance. In this case no specific motive has come forward as to how the deceased was killed.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court regarding proposed evidence and genuineness of the prosecution case were duly considered.
In view of the entire facts and circumstances of the case, taking into consideration some of the arguments, advanced on behalf of the applicants in respect of the points discussed herein above, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.
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